DIVISION OF MARITAL PROPERTY AS METHOD FOR PROTECTING THE RIGHT TO OWNERSHIP OF ONE OF THE SPOUSES

Abstract

The author of the article has proved that division of property, which is the object of spouses’ right of ownership in common, can be carried out both by spouses’ mutual consent within extrajudicial procedure and within court proceedings by the claim of one of the spouses.It has been argued that spouses’ legal regime of property has the impact on the the division of property, which is the object of spouses’ right of ownership in common. The existance of a marriage contract determines the contractual regime of property legal relations between the spouses. The absence of a marriage contract determines the legal regime of property legal relations between the spouses stipulated by the family legislation of Ukraine. The registered marriage between the spouses provides grounds for applying the legal presumption of spouses’ community of goods acquired during the marriage. Negation of the legal presumption of community of goods acquired by spouses during the marriage rests with the spouse who is interested in determining the disputed property as an object of the right of personal private property of a wife, a husband.It has been substantiated that the division of spouses’ joint property is an effective method to protect the rights of one of the spouses, if the actual division of property may lead to the termination of relations to the right of ownership in common between the spouses and transfer of spouses to the status of owners of the property belonging to them by right of private property.The author has defined that there is an approach in the current judicial practice that one of the spouses in the process of dividing the joint community property may claim the payment of a share in the company’s charter capital, which is different from the payment of half of the founder’s (one of the spouses) contribution value to the charter capital of that company.It has been argued that the legal regime of a person’s biological and anatomical materials, in particular in terms of the marital property division, requires scientific research and legislative definition.The author has substantiated that legal precedents approach should be consolidated at the level of a law, which is that increase in the property value of one of the spouses and the significance of such an increase are subject to clarification by comparing the value of the object before and after the improvement at the moment of resolving the dispute.